36.12.1703    PERMIT APPLICATION CRITERIA - PHYSICAL GROUNDWATER AVAILABILITY

(1)  Applicants for groundwater from a developed spring must provide monthly flow measurements taken at regular intervals or at department-approved intervals during the proposed period of diversion.  Measurements must be submitted with all information and data necessary for department analysis.  The department will determine the acceptability of measurements based on the information submitted.  Electronically formatted records may be required. An applicant cannot receive a variance from the monthly measurement requirement for developed springs.

(2) Applicants for groundwater from a means of diversion other than a developed spring must follow aquifer testing requirements and provide to the department information and data in conformance with ARM 36.12.121 unless a variance has been granted by the department under ARM 36.12.123.

(3)  Physical availability of groundwater will be determined using the measurements in (1), evaluation of the aquifer test data in (2), or using published groundwater data.

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2023 MAR p. 1872, Eff. 1/1/24.